File Probate in Montana Yourself

Montana Probate at a Glance

Do You Need Probate?

Not every estate requires a formal probate proceeding. Before filing anything with the District Court, determine which assets are actually part of the probate estate — and whether a simpler path applies.

Assets That Avoid Probate

• Joint tenancy with right of survivorship: Transfers automatically to the surviving joint tenant. File an Affidavit of Survivorship with the county clerk and recorder to clear title on real property.
• Beneficiary-designated accounts: IRAs, 401(k)s, life insurance policies, and POD/TOD bank or brokerage accounts pass directly to the named beneficiary — no probate required.
• Revocable living trust: Assets held in trust pass according to the trust document without any court involvement.

Small Estate Affidavit (MCA 72-3-1101): Personal Property ≤ $50,000

If the gross personal property of the estate does not exceed $50,000, an heir may collect assets by sworn affidavit 30 days after death — no probate case required. Present the notarized affidavit along with a certified death certificate to each financial institution holding assets. No Letters of Administration or court filing are needed.

When Probate Is Required

• Real estate in the decedent's name alone: Montana's small estate affidavit does not cover real property. Any real estate titled solely in the decedent's name requires a full probate proceeding to clear title.
• Personal property over $50,000: Estates with gross personal property exceeding the $50,000 threshold must go through formal or informal probate.

Montana Small Estate Affidavit (MCA 72-3-1101)

Informal Probate vs. Formal Probate

The 14 Steps of Montana Informal Probate

1. 1

   Locate the Will and Assess the Estate

   Gather all documents, list every asset and liability, and confirm how each asset is titled — joint tenancy, beneficiary designation, trust, or in the decedent's name alone.

2. 2

   Determine Your Probate Path

   Choose between the small estate affidavit (personal property ≤ $50K), informal probate, or formal probate based on what the estate contains and whether disputes exist.

3. 3

   File the Application for Informal Probate

   File in the District Court of the county where the decedent was domiciled at death. No hearing is scheduled — the probate registrar reviews the application and issues Letters.

4. 4

   Receive Letters and Notify Heirs

   Receive certified Letters Testamentary or Letters of Administration. Within 30 days, send written notice to all heirs and devisees (MCA 72-3-502).

5. 5

   Publish Notice to Creditors

   Publish in a county newspaper once a week for two consecutive weeks. The 60-day creditor claim period (MCA 72-3-801) runs from the date of first publication.

6. 6

   Prepare the Estate Inventory

   List all probate assets with date-of-death fair market values. The inventory is due within 3 months of appointment. Include all personal property and real estate titled in the decedent's name alone.

7. 7

   Manage Estate Assets

   Open an estate bank account, continue mortgage and insurance payments on real property, and keep detailed records of all income, expenses, and transactions during administration.

8. 8

   Handle Creditor Claims

   Review all claims filed before the 60-day deadline. Allow or reject each claim in writing. Do not distribute assets to beneficiaries until the creditor period has expired and all valid claims are resolved.

9. 9

   Pay Debts, Taxes, and Administration Expenses

   Pay all allowed claims in statutory priority order — funeral expenses, administration costs, and taxes come before distribution to beneficiaries.

10. 10

    File Tax Returns

    File the decedent's final federal Form 1040 and Montana Form 2 (due April 15). File Montana Form FID-3 (Fiduciary Income Tax Return) if the estate earns Montana-source income during administration. No Montana estate tax return is required.

11. 11

    Transfer Real Property

    Execute a Personal Representative's Deed for each Montana parcel and record it with the county clerk and recorder. No Montana real estate transfer tax applies to inherited transfers.

12. 12

    Transfer Personal Property and Close Accounts

    Transfer vehicles through Montana Motor Vehicle Division. Present Letters and certified death certificate to financial institutions. Obtain signed receipts from beneficiaries for all distributions.

13. 13

    Prepare Final Accounting and Distribute

    Prepare an informal accounting of all receipts and disbursements. Make final distributions according to the will or Montana intestacy statutes. Obtain signed receipts from all beneficiaries.

14. 14

    File the Closing Statement

    File the Closing Statement (MCA 72-3-1003) with the probate registrar. No court hearing is required. One year after filing, the Personal Representative is conclusively discharged from liability.

No Montana State Estate Tax

Montana has no state estate tax and no inheritance tax. Estates of any size — whether $100,000 or $10 million — owe zero Montana estate tax. This is a significant advantage over neighboring states: Oregon imposes a state estate tax starting at $1 million, and Hawaii imposes one on estates over approximately $5.49 million.

Montana Personal Representatives only need to track the federal estate tax, which applies to estates exceeding approximately $13.99 million per individual in 2025 (indexed for inflation). The vast majority of Montana estates will owe no estate tax at any level — state or federal.

Frequently Asked Questions

Montana Probate Resources